KENTUCKY BAR ASSOCIATION V. DANA LEA B. QUESINBERRY
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KENTUCKY BAR ASSOCIATION
V.
MOVANT
IN SUPREME COURT
DANA LEA B . QUESINBERRY
RESPONDENT
OPINION AND ORDER
The Kentucky Bar Association (KBA) moves this Court to adjudicate Dana Lea B .
Quesinberry guilty of violating SCR 3.130-1 .3 (Count II), SCR 3.130-1 .4 (Count III),
SCR 3 .130-1 .16(d) (Count V), and SCR 3 .130-8 .1(b) (Count VI), and to find her not
guilty of violating SCR 3.130-1 .1 (Count I) and SCR 3 .130-1 .5 (Count IV). The KBA
also recommends that Quesinberry be suspended from the practice of law for a period
of 181 days commencing upon the entry of this Order. Dana Quesinberry, whose KBA
member number is 85504, was admitted to practice law in this Commonwealth on
October 21, 1994, and her last known business address is P .O. Box 457, Morehead,
Kentucky, 40351 . Having reviewed the charges against Quesinberry, we agree with the
KBA's recommendation and find her guilty of Counts II, III, V, and VI ; find her not guilty
with regard to Counts I and IV; and order that she be suspended from the practice of
law in this Commonwealth for a period of 181 days.
On June 10, 2005, Mr. and Mrs. Griffitts met with Quesinberry in order to discuss
a possible divorce proceeding . Ultimately, Mrs . Griffitts sought representation in the
proceeding from Quesinberry and paid her $750.00 for such representation . In July
2005, Mrs. Griffitts contacted Quesinberry and requested that she file the divorce
petition. Following this request, Mrs. Griffitts made efforts to contact Quesinberry, such
as sending emails and leaving phone messages, however, she received no response
from Quesinberry. Eventually, Mrs. Griffitts went to Quesinberry's office to inquire
about the status of her divorce . Upon arriving at the office, Mrs. Griffitts discovered that
it was vacant and had a "For Rent" sign in the window. Although Quesinberry did finally
file Mrs . Griffitts's divorce petition on August 25, 2005, she took no further legal action
on behalf of Mrs. Griffitts .
In January 2006, Mrs. Griffitts filed a bar complaint against Quesinberry with the
KBA. Seven months later, after Quesinberry had received the original complaint and a
reminder letter, she contacted Mrs. Griffitts and sent her a check for $450.00. On
August 14, 2007, the Inquiry Commission issued a six-count charge against
Quesinberry alleging the following violations : SCR 3.130-1 .1 (competence), SCR
3 .130-1 .3 (diligence), SCR 3.130-1 .4 (communication), SCR 3 .130-1 .5 (reasonable
fee), SCR 3.130-1 .16(d) (termination of representation), and SCR 3 .130-8 .1(b) (failure
to respond). Although Quesinberry received the charge through personal service on
August 27, 2007, and the Inquiry Commission mailed her a reminder letter on October
31, 2007, Quesinberry has yet to respond to these allegations .
On November 16, 2007, Quesinberry's case came before the Board of
Governors as a default case pursuant to SCR 3 .210. The Board of Governors found by
a unanimous vote that Quesinberry was guilty of violating four of the six counts charged
against her. They found that Quesinberry violated SCR 3.130-1 .3 by failing to diligently
represent her client in a divorce proceeding, SCR 3 .130-1 .4 by failing to adequately
communicate with her client regarding the status of the client's case, SCR 3.130-1 .6(d)
by abandoning the representation without notice to her client and failing to refund the
unearned portion of the fee, and SCR 3.130-8 .1(b) for knowingly failing to respond to a
lawful demand for information from an admissions or disciplinary authority. The Board
of Governors also found by a vote of 14 to 2 that Quesinberry was not guilty of violating
SCR 3.130-1 .1 in her representation of Mrs. Griffitts, which requires lawyers to provide
competent representation to their clients, and not guilty of violating SCR 3 .130-1 .5,
which prohibits lawyers from charging unreasonable fees .
After finding Quesinberry guilty of four of the counts set forth in the charge, the
Board was informed of her prior disciplinary history. In determining the proper penalty,
the Board of Governors considered that since March 2006, Quesinberry has received
several disciplinary sanctions from this Court, including a private admonition, a public
reprimand, and a thirty-day suspension that was probated for one year on the condition
that Quesinberry attend four hours of remedial ethics training . Although two members
of the Board voted for a 90-day suspension consecutive with her other prior discipline,
and two other members voted for a 61-day suspension concurrent with her prior
suspensions, 12 members of the Board recommended that Quesinberry receive a 181day suspension from the practice of law. Due to Quesinberry's unethical conduct in this
instance and her prior disciplinary actions, we agree with the Board of Governors and
adopt the recommendations made by KBA.
Therefore, it is hereby ORDERED that:
1 . Dana Lea B. Quesinberry is adjudicated guilty of violating SCR 3.130-1 .3, SCR
3 .130-1 .4, SCR 3.130-1 .16(d), and SCR 3 .130-8 .1(b).
2 . Quesinberry is suspended from the practice of law in the Commonwealth of
Kentucky for a period of one-hundred-eighty-one (181) days, effective from the
date of this order. Should Quesinberry, thereafter, seek to have her license
restored, she must be processed by the Character and Fitness Committee .
Further, the Character and Fitness Committee will have an opportunity, should it
be appropriate, to impose any requirements regarding the Kentucky Lawyer's
Assistance Program (KYLAP) prior to restoration .
3. In accordance with SCR 3.390, Quesinberry is ordered to send letters to all
Courts in which she has matters pending and all clients for whom she is actively
involved in litigation within ten days of this Order notifying them of her inability to
continue to represent them and advising them of the necessity of retaining new
counsel . Quesinberry shall also provide a copy of such letters to the Director of
the KBA and cease advertising activities.
4 . Pursuant to SCR 3.450, Quesinberry is ordered to pay all costs associated with
these disciplinary proceedings, said sum being $133.35, and for which execution
may issue from this Court upon finality of this Opinion and Order .
All sitting . All concur.
Entered : April 24, 2008
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